When do I have the right to file a claim for moral damages in case of an accident? - Lawyer in Samara and Moscow - representation in court and legal services

Road traffic accidents are those unpleasant situations from which no one is immune.

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You can be an attentive driver who follows all traffic rules, but at the same time there may be deliberate or random actions of other people, weather conditions that can contribute to an emergency situation.

For many decades, legislation has served to regulate relations between the parties to an incident, protect rights and interests, establish deadlines for investigation, adoption of punitive measures and insurance payments.

In judicial practice, there is the concept of “limitation period for road traffic accidents”.

In this article we will talk about accidents, when such a period is valid, to whom it is applied and after what period of time it begins to apply for each of the groups of incidents.

Statute of limitations - what is it?

Russian legislation clearly defines the time frame when an injured party can file a statement of claim with the court in order to consider its complaint and receive compensation or restore infringed rights - this is the “Limitation Period (LS)”, as discussed in Art. 196 of the Civil Code of the Russian Federation and is determined by three years. Article 200 of the same code indicates that the IDA begins its countdown from the moment when the rights of the injured person were violated.

However, in the case of consideration of cases of road accidents, it is necessary to take into account this point: all cars must have a compulsory motor liability insurance policy, therefore the limitation periods are also regulated by special regulations - Art. 966 of the Civil Code of the Russian Federation (chapter “Insurance”).

Leaving the scene of an accident

In a situation where the culprit fled the scene of an accident, the statute of limitations is very short and is only 3 months if there are no injuries and 12 months otherwise.
This behavior aggravates the driver’s guilt and provides for deprivation of rights for up to one and a half years or arrest for 15 days. But the length of these terms does not mean that after 3 or 12 months, if the identity of the perpetrator has not been established, he automatically acquires the status of innocent. Only administrative liability for the violation itself is removed, but the obligation to fully compensate the material damage to the injured party does not go away.

While the traffic police is searching for the culprit, victims do not have the opportunity to file a claim for an accident. Therefore, the countdown of the period will begin only when the defendant is identified, and in total, the limitation period here does not exceed 10 years.

As judicial practice shows, such cases are still considered even after the official deadlines have expired.

Limitation period for accidents without injuries.

Incidents of this kind are among the most common, therefore judicial practice is based on the above-mentioned regulations of the Civil Code of Russia.

However, depending on the type of insurance for cars involved in an accident, Article 966 of the Civil Code of the special section on insurance determines the following terms:

OSAGO – the statute of limitations is exactly 3 years from the date of payment of compensation;
CASCO-SID is only 2 years from the date (day, month, year) of compensation for damage by the insurance company.

Those motorists who also turned to independent experts to assess the extent of the damage can count the statute of limitations (i.e., the moment their rights were infringed) from the day the official conclusion of the independent expert was received.

Attention! The maximum payment amount under compulsory motor liability insurance is 400 thousand rubles (if only the vehicle is damaged) and 500 thousand rubles (when there are victims, including fatalities). If the damage to the car exceeds the specified amount, the injured party can file a claim with the person responsible for the accident to compensate for the missing amount of damage. The LED for such applications is also 3 years.

The procedure for calculating the statute of limitations under the Code of Administrative Offenses

According to the provisions in Art. 4.8. The Code of Administrative Offenses of the Russian Federation regulates the rules for calculating the statute of limitations for administrative offenses.

Proceedings cannot be started if the statute of limitations has expired.

The deadlines provided for by the Code of Administrative Offenses can be calculated in hours, days, days, months, years.

On the last day, the period calculated in days expires, and the period calculated in months ends on the date of the last month. A period calculated in years begins on the date and month of the last year. If the application was submitted to the court or an authorized person, it must be accepted before 24 hours of the last day of the limitation period, then the deadline will not be considered missed.

Limitation periods for road accidents in the presence of victims.

Unfortunately, accidents are also common, as a result of which drivers, passengers or even pedestrians can be injured, incl. and incompatible with life:

Damage to health is caused - if the injured party received one or another injury as a result of an accident and survived, then the statute of limitations is 3 years (according to the nine hundred and sixty-sixth article of the Civil Code of the Russian Federation);
If a fatal accident occurs, then the SID is also regulated by Article 966 of the Civil Code and ranges from three to 10 years.

When is it necessary to go to court?

Most car accidents do not end in litigation. This is due to the developed car insurance system, within which the damage caused is compensated by insurance. But this does not always happen; let’s consider the most common cases when going to court will be inevitable, and as a consequence, knowledge about the statute of limitations.

The culprit left the scene of the accident

This behavior is punishable and prosecuted in accordance with the administrative code.

However, there is a time limit:

in three months, in general order;
up to one year if harm was caused to life or health.

Within this period, the offender must be found.
If this does not happen, then the charge of administrative violation against him is dropped, but demands for compensation for damage to the victim remain. Thus, until the culprit is found and the claim is brought against someone, the statute of limitations is not established. This will happen as soon as the offender is discovered.

If he is not found for ten years, the charges against him under the civil code will be dropped.

Modern technologies, in the form of video cameras installed on the street and filming on mobile devices, make it possible to quickly find the culprit, so escaping from the scene of an accident will only aggravate the problem rather than solve it. And it is almost impossible to hide for more than ten years.

The culprit does not have a compulsory motor liability insurance policy or the damage exceeded it

Car insurance is the easiest way to settle financial claims in the event of an accident. All expenses will be covered by the insurance company; you just need to confirm the cost of repair work.

But not all drivers have compulsory motor insurance; this may be due to a number of reasons:

High policy price.
Expired policy.
The driver did not have time to complete the document.

All these reasons, one way or another, will entail the need to recover damages from the culprit directly or through the court. In most cases, car owners strive to settle everything on their own, either at the scene of an accident or based on the results of the repairs carried out. When the offender refuses to pay compensation, you will need to collect a package of documents (repair receipts, technical examination report) and file a claim. The limitation period for compulsory motor liability insurance against the culprit of an accident is three years, unless otherwise provided by law.

The amount of compensation under the OSAGO policy is four hundred thousand; if the damage requires a lot of money, then the offender must compensate the difference personally.

If it is refused, a claim is filed either by the victim or his insurance company.

As for situations related to voluntary CASCO motor insurance, there is no separate regulatory act regarding it. The limitation period for this type is calculated in accordance with the civil code (Article 966) and begins at the time of the commission of the offense.

Injured and killed in road accidents

According to statistics, every tenth accident is associated with harm to life or death.

In such a situation, three types of liability arise, regulated by different codes:

administrative;
criminal;
civil.

The statute of limitations for each of them is different, as was already written above; in case of causing harm to health, administrative liability lasts a year, but for criminal liability it is not limited.

According to the civil code, in the event of the death of the victim, damages are paid to his relatives; the situation is similar if, as a result of an accident, the victim became incompetent and was recognized as such in court.

Moreover, you can file a claim in such cases at any time; the statute of limitations in this case is not limited to three years. In the event of an offense in which people died, prosecution will be in all three branches of law. However, a guilty person may be convicted of only one or more of them and found not guilty of others.

Dissatisfaction with the insurance company

A significant part of claims resulting from road accidents are related not so much to the actions of the offender, but to the dishonest performance of their duties by insurers. The essence of the claims boils down to minimum payments under compulsory motor liability insurance, which are not enough to restore the vehicle. Since 2021, there has been a rule in force under which insurance companies do not allocate money, but direct their clients to certain auto repair shops.

The statute of limitations in the current situation is two years, but difficulties arise with the countdown date:

The day of the accident.
The day of underpayment of the insurance amount from the company.

The court in most cases is inclined to the second option, siding with the insured, thereby protecting his property rights.

If the victim does not ask for monetary compensation, citing the availability of CASCO insurance, his insurance company may sue. In this regard, it is recommended to act according to the law and record all information in place.

Litigation with the insurance company can result in problems for the plaintiff if the insurer files a recourse claim.
The point is that after paying the due amount, the company will find reasons to return the money. This may be in the following cases:

intentional road accident for the purpose of obtaining compensation;
violation of insurance rules;
state of alcohol or drug intoxication at the time of the accident.

The insurer can file a claim for recourse within three years from the date of fulfillment of its obligations.

Limitation periods in the absence of a compulsory motor liability insurance policy.

Despite the fact that the presence of an MTPL policy is mandatory for cars registered in the Russian Federation, situations also arise when the culprit of an accident is a vehicle without compulsory insurance. A striking example of this is the expired MTPL insurance policy of the car owner.

In this case, the subrogation process starts, i.e. the rights of the policyholder are transferred to the insurer for compensation for damage due to an accident (in accordance with Article 965 of the Civil Code of the Russian Federation).

If the culprit of the accident does not have a compulsory motor vehicle liability insurance policy, the MTPL begins its countdown from the date of the accident (i.e., from the moment the insured event occurs) and is exactly 3 years.

Regression requirements

There is another point when a person found to be at fault for an accident may be sued. Moreover, the initiator of the proceedings in this case will be his own insurance company.

This happens immediately after compensation for damage to victims in the following cases:

there was intent when causing the accident;
the culprit grossly violated the insurance rules or the code of traffic rules;
The at-fault car owner was in a state of intoxication at the time of the accident as a result of drinking alcoholic beverages or using drugs.

The latter option is an unambiguous basis for filing a claim. However, there are also time limits here - the statute of limitations for an accident against the culprit from the insurance company is the standard 3 years.

However, the calculation begins from the moment the obligations to the injured party are fulfilled. Simply put, from the date of payment of compensation or repair work.

Limitation periods for compensation for moral damages.

Not every pedestrian injured in an accident has an insurance policy that will provide monetary compensation in the event of harm to health or life. Such participants in a traffic accident cannot count on payments from the insurance company of the car involved in the same accident.

Therefore, the injured pedestrian can file a claim in court only for the purpose of compensation for moral damage. According to the general law (Chapter 12 of the Civil Code of the Russian Federation), the statute of limitations for compensation for moral damage is the same 3 years.

Attention! If moral damage is associated with causing harm to health, then the very concept of SID for filing a claim in court by an injured pedestrian is absent, which is regulated by Article 208 of the Civil Code of the Russian Federation).

When can the deadline be extended?

The limitation period may be extended by court decision. You need to file a petition about this at the meeting and present arguments in favor of the impossibility of protecting your rights within the period established by law.

It could be:

Disease;
Residence in another country;
Partial satisfaction of the requirements - in such situations, the deadline begins to count again.

Please note that even if the statute of limitations has expired, this is not necessarily a loss. Call Honest, we may be able to help.

Limitation periods for an insured event by way of recourse.

Recourse (reverse order) is a process when an insurance company files a claim against its client who caused an accident.

How does it work? According to the MTPL principle, the insurance company of the person responsible for the car accident is obliged to compensate the injured car owner for the damage caused - this is how the MTPL law works, according to which the insurance company is the guarantor of receiving compensation.

On the other hand, this office may demand from its client in court to reimburse these expenses for the insured event by way of recourse. Article 76 of the “Rules on Compulsory Motor Liability Insurance” clearly states that the statute of limitations in this case is 3 years from the date of the traffic accident in question.

Some unscrupulous insurers take advantage of the inattention and ignorance of the laws of their clients and file claims against them by way of subrogation to compensate the company's funds.

However, the same “Rules on OSAGO” name only specific cases when the insurance company has the legal right to personally demand compensation from the culprit of the accident in the reverse order:

The driver who caused the accident was in a state of altered consciousness at the time of the incident as a result of the influence of alcohol and drugs;
The culprit does not have a driver’s license or its validity has expired (the license must be renewed every 10 years);
At the time of the accident, the driver was a citizen who did not have a power of attorney to drive the specified vehicle;
During the accident, the car was driven by a driver whose details were not included in the MTPL insurance policy (does not apply to “open” type insurance);
The culprit of the accident did not remain at the scene of the accident, but hastily left (or ran away);
The car owner provoked the accident out of selfish intent.

What to do if the insurance company delays the deadlines

Unfortunately, there are a lot of cases where the insurance company violates the payment deadline for compulsory motor liability insurance in case of an accident. It should be understood that the court provides for a penalty for late payments. It is 1% of the amount that must be paid as compensation for the damage caused.

If the insurance company refuses compensation, it must send an official document justifying the reason for the refusal. If it is not sent on time, penalties are imposed, the amount of which is 0.05 of the amount equal to the maximum (RUB 400,000)

In order to receive the due payments in case of violation of the deadline, the victim must go to court and follow certain algorithms.

Direction of claim

Before resorting to court assistance, you should draw up and send a claim to the insurance company. It will be required when you go to court in the future. If the order has been violated, the court has the right to refuse to accept the claim.

Data to be included in the claim:

name of the insurance company;
Full name and address of the victim (if the address of actual residence does not coincide with the place of registration, indicate both);
your justified demands with a clear description of the circumstances of the case;
method of receiving compensation (cash or indicate the bank details of the victim).

The following documents are also provided along with the application:

passport;
documents confirming that the damaged vehicle is the property of the victim;
document confirming the fact of the accident;
OSAGO policy;
a document that substantiates the victim’s claims (independent expert opinion).

Important! All documents must be originals or certified copies.

The claim must be sent by mail with notification or handed over against receipt. The claim is considered within 10 days, within this time frame the insurance company is obliged to pay compensation or send a documented and justified refusal of compensation.

Going to court

When the insurer does not comply with the deadline for paying compensation under compulsory motor liability insurance or refuses to pay, it is necessary to use the services of the court. However, it should be understood that seeking legal protection entails additional costs. But if the victim’s demands are satisfied, the costs of paying state fees and lawyer’s services will be reimbursed.

The claim is sent either to the victim’s residential address or to the location of the insurance company. Depending on the amount of damage, the claim is submitted to:

magistrate's court - if the damage does not exceed 50 thousand rubles;
district court - damage exceeding 50 thousand rubles.

The statement of claim must contain the following information:

name of the court;
Full name, address of the plaintiff and defendant;
the stated and justified circumstances of the case;
reimbursement price;
the fact of violation of the rights of the victim and its justification.

The following package of documents must be attached to the application:

a copy of the statement of claim;
receipt of payment of state duty;
copy of the vehicle passport;
document confirming the fact of the accident;
a copy of the document with the IC’s response to your requirements;
a copy of the claim and the insurance company's response to the claim;
certificate of inspection of the vehicle by an expert not related to your insurance company;
If your interests are represented in court by a lawyer, you need a power of attorney.

Statute of limitations

The statute of limitations for cases involving insurance liability is 3 years. This means that the victim can file a claim in court within 3 years or later. The judge does not have the right to ignore the application, and it will definitely be considered. However, if the other party involved in the process indicates that the period has expired, the court will refuse to satisfy the claim. The claim is considered within 15 days, then 3 days are given to notify the culprit of the accident about the upcoming hearing, and 10 days to file an appeal. But there are cases when the culprit learns about the decision made in court after 2 years. In this case, he can also file an appeal against the decision.

How to avoid becoming a victim of an unfair decision regarding an insurance event?

Lack of resignation to the dishonest work of insurance companies and the biased attitude of other participants in an accident is the key to protecting your legal rights!

Also try to follow the tips below to protect yourself in the previously mentioned controversial situations:

When applying for an MTPL or CASCO policy, always carefully check that the insurance agent has filled out all the necessary documents completely. Be sure to read the full terms and conditions of the insurance and ask for clarification on any unclear points.
Follow the traffic rules to avoid not only consideration of cases under recourse for an insured event, but also human casualties in general.
Never trust your car without special documentation to other people, especially those who may ignore traffic rules.
Never leave the scene of an accident.
Try to follow the “Three D” rule; allow pedestrians to pass even in places where they are not allowed to cross.
Never delay the timing of independent examinations. Don't wait until the deadline to file your claim.
If it is impossible to go to court in person, issue a power of attorney to a reliable person (lawyer). Just turning to legal specialists when starting litigation is already 80% of the victory!

Limitation period for claims against the culprit of an accident

Accidents on the road can be characterized by many factors, which will determine the period of limitation for filing an application with the judicial authorities. However, it is important to remember that before directly appealing to a higher authority, you should try to resolve the dispute out of court. If the car owner, recognized as the culprit of the incident, does not agree to a settlement, you can go to court.

The culprit does not have compulsory motor insurance

The absence of a motor vehicle policy from a driver found to be at fault for an accident does not relieve him of responsibility for what happened . Of course, this can only be an accident when the car owner simply did not have time to renew the existing insurance. Another option is deliberately driving without a policy based, for example, on its high cost. In fact, the reasons for the absence of compulsory motor liability insurance do not play a role in this situation. The culprit is obliged to compensate for property damage caused to the victim’s car. The latter will need to recover the amount directly from the initiator of the accident.

It is possible that the participants in the emergency will be able to reach an agreement peacefully. In another situation, the victim has the right to appeal to the court. As for specific figures, the statute of limitations against the culprit of an accident without insurance is 3 years from the date of the incident.

The amount of damage exceeded the insurance limit

The maximum payment under compulsory motor liability insurance to cover damage to property is 400 thousand rubles . If these funds are not enough to completely restore the victim’s car, the culprit is obliged to make up the difference from his own budget. However, in reality, citizens often avoid such obligations, which results in litigation.

The injured person in such a situation has the legal right to recover the missing amount from the guilty car owner. In addition, the victim’s insurer can also address this issue. In this case, the circulation period is fixed according to the standard and is still the same 3 years.

In addition, a claim for the recovery of other costs is allowed if it is proven that the costs were related to eliminating the consequences of the accident.

Accident without victims

It is allowed to file a claim against the culprit of an accident for compensation for property damage received as a result of a traffic accident without injuries within 3 years. In this case, the calculation of the period usually begins from the moment the court announces a decision on the guilt of a particular car owner. Of course, there must be grounds to file a claim. These include refusal to provide compensation or payment of compensation in an amount that does not cover the costs of restoring the vehicle.

Damage to health

Road accidents, as a result of which citizens were injured, mutilated, or even died, are considered from the point of view of several legislative acts. The statute of limitations will depend specifically on the type of liability assigned to the culprit of the accident, as a result of whose actions third parties were harmed.

The time limit for filing a claim may be as follows:

1 year for administrative liability for non-compliance with movement rules, as a result of which people were injured or died;
without restrictions, if we are talking about consideration of a case within the framework of the Criminal Code in connection with the infliction of serious damage to human health or the death of a citizen as a result of an accident;
3 years are allotted for filing a claim for compensation for material damage received by the victim or his relatives if the person died in an accident that was not his fault.

In the latter case we are talking about civil liability. Within the framework of such a claim, a claim for compensation for moral damage is also allowed. In such situations, the statute of limitations has no limits and a person can file a petition with the court at any time.

The culprit escaped

Cases when the culprit of an accident does not want to take responsibility for the offense and runs away from the scene of an accident occur quite often. Of course, the car owner thereby only aggravates his own situation. In this case, law enforcement agencies begin searching.

What should victims do in such cases? All that remains is to wait until the culprit is found. Moreover, the time frame for filing a claim in this case is quite short.

The period is:

3 months if there is an administrative offense and there is no fact of causing harm to health;
1 year if victims are identified.

If within the specified time frame the car owner who violated the rules is not found and the case is not submitted to the judicial authorities, any responsibility will be removed from the culprit. However, he is not exempt from the obligation to compensate for damages and will have to compensate the amount if found later.